Quote Originally Posted by David Merrill View Post
That strikes me as Erie Doctrine - the blending of law and equity in One Form of Action. - As opposed to Bennett v. Butterworth 52 US 669:
Much like the blending of the FRN (law) with the USN (equity).

Per Ohio's 1853 commission to implement the "merged rules", the intent of the abolition of the forms is this..

"The common law will be as it has been and so of equity They will continue to stand to each other in the same relations and their peculiar relief will be invoked in the same cases as before. In a word the proposition to abolish the distinction between actions at law and suits in equity does not affect the principles of law and equity and only changes a part of the machinery heretofore used in administering them It will be observed that the change made in chancery proceedings by this section alone is very trifling. For chancery cases have always been commenced in one way and the way now prescribed is almost identical with it. We repeat then the entire effect of the section we are now considering will be this It will not touch the two systems of pleading heretofore in use. That is a subject to be treated under the head of pleading. It will not touch the modes of trial heretofore in use under the two systems. That is a subject to be treated under the head of trial. It will not touch any part of the proceedings subsequent to the beginning of the suit but simply and only do away with the forms of actions at law and the distinction between them and suits in equity and put in their place one action for every kind of relief heretofore sought by and through each and all of them. It will be noticed that there are many proceedings in court which this section will not affect such as proceedings on Quo Warranto, Mandamus, Habeas Corpus, and many others. The section only provides a substitute for the actions at law so called and what are recognized as suits proper in equity and this single action takes their place and does no more. Any proceeding in either court not begun by an action in a court of law or by a suit in a court of chancery will be begun and conducted hereafter as formerly unless otherwise provided. This one form of action which is thus to take the place of all the other forms of commencing suits is called a civil action. A civil action under this code will comprehend therefore every proceeding in court heretofore instituted by any and all the forms hereby abolished. Every other proceeding will be something else than an action say a special proceeding.